Harris Bricken - Fred Rocafort, Lexology; AI and Copyright in China
"In the landmark Shenzhen Tencent v. Shanghai Yingxun case, the Nanshan District People’s Court considered whether an article written by Tencent’s AI software Dreamwriter was entitled to copyright protection. The court found that it was, with copyright vesting in Dreamwriter’s developers, not Dreamwriter itself. In its decision, the court noted that “the arrangement and selection of the creative team in terms of data input, trigger condition setting, template and corpus style choices are intellectual activities that have a direct connection with the specific expression of the article.” These intellectual activities were carried out by the software developers.
The World Intellectual Property Organization (WIPO) has distinguished between works that are generated without human intervention (“AI-generated”) and works generated with material human intervention and/or direction (“AI-assisted”). In the case of AI-assisted works, artificial intelligence is arguably just a tool used by humans. Vesting of copyright in the humans involved in these cases is consistent with existing copyright law, just as an artist owns the copyright to a portrait made using a paintbrush or a song recorded using a guitar. The scenario in the Tencent case falls in the AI-assisted bucket, with Dreamwriter being the tool."
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